Deposit rules / Delaware

Delaware security deposit rules

Delaware limits security deposits to 1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units. The deposit must be returned 20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance). No interest is owed on the deposit under state law.

Maximum deposit
1 month’ rent
1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units
Return deadline
20 days
20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance)
Interest
Not required
Statute

What the law requires

Del. Code tit. 25, § 5514(a), (e)-(g), (i)

1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units. Returned 20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance). Deposit must be held in a designated escrow account at a federally insured institution with a Delaware office; no interest is required. Failure to return or itemize within 20 days entitles the tenant to double the amount wrongfully withheld. No 2024-2026 amendments to § 5514 found (history line ends at 79 Del. Laws c. 57). Separately, SS1 for SB 116 (85 Del. Laws c. 436, signed Aug 18, 2026, effective Sept 1, 2026) amended § 5502(a) to lengthen the nonpayment demand period from 5 to 7 days and created a right of redemption (paying all rent due before filing bars a possession action); the delcode.delaware.gov text read already shows 7 days.

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Related Delaware rules

Frequently asked questions

How much can a landlord charge for a security deposit in Delaware?

1 month's rent for leases of 1 year or more, and for month-to-month or undefined-term tenancies once they have lasted 1 year (excess must then be credited back); no statutory cap for shorter fixed terms or furnished units. Deposit must be held in a designated escrow account at a federally insured institution with a Delaware office; no interest is required. Failure to return or itemize within 20 days entitles the tenant to double the amount wrongfully withheld. No 2024-2026 amendments to § 5514 found (history line ends at 79 Del. Laws c. 57). Separately, SS1 for SB 116 (85 Del. Laws c. 436, signed Aug 18, 2026, effective Sept 1, 2026) amended § 5502(a) to lengthen the nonpayment demand period from 5 to 7 days and created a right of redemption (paying all rent due before filing bars a possession action); the delcode.delaware.gov text read already shows 7 days.

How long does a landlord have to return a security deposit in Delaware?

20 days after expiration or termination of the rental agreement (itemized list of damages and refund of the balance). The statute is Del. Code tit. 25, § 5514(a), (e)-(g), (i).

Does a Delaware landlord have to pay interest on the security deposit?

No. Delaware law does not require interest on residential security deposits.

Are pet deposits limited in Delaware?

A separate pet deposit is allowed but may not exceed 1 month's rent regardless of lease length; none may be charged for a certified support animal (§ 5514(i)).

Deposit rules in other states